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Easements Aren't Easy (Part Four)

Posted by Tim Lam | Jan 10, 2014 | 0 Comments

Because an easement is essentially a contract, it is both limited and relieved by its language. As with all contracts, it should be bounded and constrained by clearly articulated terms before you agree to take it on or make use of it. Just because you don't use a portion of your property doesn't mean it's worth it to sign away some rights to a third party. What party maintains the property defined by the easement? What about any improvements on that property? What does the benefiting party owe in compensation for use? Who pays property tax on that area? What transfer rights does the property owner retain? Very importantly, what limitations are imposed on liability for either party - based on not only the easement itself, but its upkeep? Who pays for legal fees incurred in the establishment of terms? This is just a glimpse into the factors that affect the viability of an easement. Both sides have much to consider. Always consult an attorney when dealing with an easement, even one that appears straightforward. An expert in municipal and state law can assess your particular situation in detail.

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